§ 703.373 — Judicial review: Petition; participation of Commission and parties of record; transmission of record; service and filing of memoranda; scope of review; burden of proof; precedence of action; grounds for setting aside decision of Commission

Nevada § 703.373

• Jurisdiction: Nevada
• Title 58: ENERGY; PUBLIC UTILITIES AND SIMILAR ENTITIES
• Ch. 703: Public

Text

1. Any party of record to a proceeding before the Commission is entitled to judicial review of the final decision upon the exhaustion of all administrative remedies by the party of record seeking judicial review.
2. Proceedings for review may be instituted by filing a petition for judicial review in the District Court in and for Carson City, in and for the county in which the party of record seeking judicial review resides, or in and for the county where the act on which the proceeding is based occurred.
3. A petition for judicial review must be filed within 30 days after final action by the Commission on reconsideration or rehearing, or if the Commission takes no action on reconsideration or rehearing, within 30 days after the date on which reconsideration or rehearing is deemed denied. Copies of the petition for judicial review must be served upon the Commission and all other parties of record.
4. The Commission shall participate in the judicial review. Any party of record desiring to participate in the judicial review must file a statement of intent to participate in the petition for judicial review and serve the statement upon the Commission and every party within 15 days after service of the petition for judicial review.
5. Within 30 days after the service of the petition for judicial review or such time as is allowed by the court, the Commission shall transmit to the reviewing court a certified copy of the entire record of the proceeding under review, including a transcript of the evidence resulting in the final decision of the Commission. The record may be shortened by stipulation of the parties to the proceedings.
6. A petitioner who is seeking judicial review must serve and file a memorandum of points and authorities within 30 days after the Commission gives written notice to the parties that the record of the proceeding under review has been filed with the court.
7. The Commission and any other respondents shall serve and file a reply memorandum of points and authorities within 30 days after service of the memorandum of points and authorities. Upon service and filing of the reply memorandum by the Commission and any other respondents:
(a) No further memoranda may be filed; and
(b) The parties must be ready for a hearing upon 20 days’ notice.
8. Judicial review of a final decision of the Commission must be:
(a) Conducted by the court without a jury; and
(b) Confined to the record.
Ê In cases concerning alleged irregularities in procedure before the Commission that are not shown in the record, the court may receive evidence concerning the irregularities.
9. The final decision of the Commission shall be deemed reasonable and lawful until reversed or set aside in whole or in part by the court. The burden of proof is on the petitioner to show that the final decision is invalid pursuant to subsection 11.
10. All actions brought under this section have precedence over any civil action of a different nature pending in the court.
11. The court shall not substitute its judgment for that of the Commission as to the weight of the evidence on questions of fact. The court may affirm the decision of the Commission or set it aside in whole or in part if substantial rights of the petitioner have been prejudiced because the final decision of the Commission is:
(a) In violation of constitutional or statutory provisions;
(b) In excess of the statutory authority of the Commission;
(c) Made upon unlawful procedure;
(d) Affected by other error of law;
(e) Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or
(f) Arbitrary or capricious or characterized by abuse of discretion.

Legislative History

(Added to NRS by 1983, 965 ; A 2011, 938 ; 2021, 677 )